Like MTM, Luminox manufactures luxury watches, and a customer might think that MTM and Luminox are manufactured by the same parent company. The possibility of initial interest confusion here is likely much higher than if, for instance, a customer using an online grocery website typed “Coke” and only Pepsi products were returned as results. No shopper would think that Pepsi was simply a higher end version of Coke, or that Pepsi had acquired Coke’s secret recipe and started selling it under the Pepsi mark.[Footnote: The dissent also mentions Coke and Pepsi in conjunction with the labeling inquiry, and John Belushi’s Saturday Night Live “cheezborger” refrain — “No Coke. Pepsi.” However, Belushi’s line is analogous to the message on Overstock’s and Buy’s websites, which state the equivalent of “No Coke” rather than simply inundating the shopper with images of Pepsi. The dissent acknowledges that a retailer who offers competitors’ products for sale, without mentioning that he does not carry a brand requested by a customer, is “sort of like what happens when you order a Coke, and are clearly told that they only have Pepsi.” But it is only sort of like the Belushi scenario, because unlike Belushi’s “No Coke,” Amazon does not say “No MTM.”]
Thanks to How Appealing for the pointer.